[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Engrossed in House (EH)]
108th CONGRESS
2d Session
H. R. 4278
_______________________________________________________________________
AN ACT
To amend the Assistive Technology Act of 1998 to support programs of
grants to States to address the assistive technology needs of
individuals with disabilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Assistive
Technology for Individuals with Disabilities Act of 2004''.
SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants to States for purchase of assistive technology devices
and assistive technology services.
``Sec. 5. Grants to States for protection and advocacy related to
assistive technology.
``Sec. 6. Administrative provisions.
``Sec. 7. National activities.
``Sec. 8. Authorization of appropriations.
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
``(A) live independently;
``(B) enjoy self-determination and make choices;
``(C) benefit from an education;
``(D) pursue meaningful careers; and
``(E) enjoy full inclusion and integration in the
economic, political, social, cultural, and educational
mainstream of society in the United States.
``(2) Technology is one of the primary engines for economic
activity, education, and innovation in the Nation, and
throughout the world. The commitment of the United States to
the development and utilization of technology is one of the
main factors underlying the strength and vibrancy of the
economy of the United States.
``(3) As technology has come to play an increasingly
important role in the lives of all persons in the United
States, in the conduct of business, in the functioning of
government, in the fostering of communication, in the conduct
of commerce, and in the provision of education, its impact upon
the lives of individuals with disabilities in the United States
has been comparable to its impact upon the remainder of the
citizens of the United States. Any development in mainstream
technology would have profound implications for individuals
with disabilities in the United States.
``(4) Over the last 15 years, the Federal Government has
invested in the development of statewide comprehensive systems
to help individuals with disabilities gain access to assistive
technology devices and services. This partnership with States
provided an important service to individuals with disabilities
by strengthening the capacity of each State to assist
individuals with disabilities of all ages with their assistive
technology needs.
``(5) Substantial progress has been made in the development
of assistive technology devices, including adaptations to
existing devices that facilitate activities of daily living,
that significantly benefit individuals with disabilities of all
ages. These devices and adaptations increase the involvement,
and reduce expenditures associated with, programs and
activities that facilitate communication, ensure independent
living and functioning, enable early childhood development,
support educational achievement, provide and enhance employment
options, and enable full participation in community living and
recreation for individuals with disabilities.
``(6) Despite the success of the Federal-State partnership
in providing access to assistive technology and services, there
is a continued need to provide information about the
availability of assistive technology, advances in improving
accessibility and functionality of assistive technology, and
appropriate methods to secure and utilize assistive technology
in order to maximize their independence and participation of
individuals with disabilities in society.
``(b) Purposes.--The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities through
comprehensive statewide programs of technology-related
assistance, for individuals with disabilities of all ages, that
are designed to--
``(A) increase the availability of, funding for,
access to, provision of, and training about assistive
technology devices and assistive technology services;
``(B) increase the ability of individuals with
disabilities of all ages to secure and maintain
possession of assistive technology devices as such
individuals make the transition between services
offered by human service agencies or between settings
of daily living (for example, between home and work);
``(C) increase the capacity of public agencies and
private entities to provide and pay for assistive
technology devices and assistive technology services on
a statewide basis for individuals with disabilities of
all ages;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives,
in decisions related to the provision of assistive
technology devices and assistive technology services;
``(E) increase and promote coordination among State
agencies, between State and local agencies, among local
agencies, and between State and local agencies and
private entities (such as managed care providers), that
are involved or are eligible to be involved in carrying
out activities under this Act;
``(F) increase the awareness and facilitate the
change of laws, regulations, policies, practices,
procedures, and organizational structures, that
facilitate the availability or provision of assistive
technology devices and assistive technology services;
and
``(G) increase awareness and knowledge of the
benefits of assistive technology devices and assistive
technology services among targeted individuals and the
general population; and
``(2) to provide States with financial assistance that
supports programs designed to maximize the ability of
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives to obtain
assistive technology devices and assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Advocacy services.--The term `advocacy services',
except as used as part of the term `protection and advocacy
services', means services provided to assist individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives in accessing assistive
technology devices and assistive technology services.
``(2) American indian consortium.--The term `American
Indian Consortium' has the meaning given the term in section
102(1) of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 and that is established to provide
protection and advocacy services for purposes of receiving
funding under subtitle C of title I of such Act.
``(3) Assistive technology.--The term `assistive
technology' means technology designed to be utilized in an
assistive technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes--
``(A) the evaluation of the assistive technology
needs of an individual with a disability, including a
functional evaluation of the impact of the provision of
appropriate assistive technology and appropriate
services to the individual in the customary environment
of the individual;
``(B) services consisting of purchasing, leasing,
or otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) services consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, or replacing assistive technology devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology
devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and
programs;
``(E) training or technical assistance for an
individual with disabilities, or, where appropriate,
the family members, guardians, advocates, or authorized
representatives of such an individual; and
``(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services), employers, or
other individuals who provide services to, employ, or
are otherwise substantially involved in the major life
functions of individuals with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts
that--
``(A) result in laws, regulations, policies,
practices, procedures, or organizational structures
that promote consumer-responsive programs or entities;
and
``(B) facilitate and increase access to, provision
of, and funding for, assistive technology devices and
assistive technology services,
in order to empower individuals with disabilities to achieve
greater independence, productivity, and integration and
inclusion within the community and the workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities, implemented by a State, and equally available to
all individuals with disabilities residing in the State,
regardless of their type of disability, age, income level, or
location of residence in the State, or the type of assistive
technology device or assistive technology service required.
``(8) Consumer-responsive.--The term `consumer-
responsive'--
``(A) with regard to policies, means that the
policies are consistent with the principles of--
``(i) respect for individual dignity,
personal responsibility, self-determination,
and pursuit of meaningful careers, based on
informed choice, of individuals with
disabilities;
``(ii) respect for the privacy, rights, and
equal access (including the use of accessible
formats) of such individuals;
``(iii) inclusion, integration, and full
participation of such individuals in society;
``(iv) support for the involvement in
decisions of a family member, a guardian, an
advocate, or an authorized representative, if
an individual with a disability requests,
desires, or needs such involvement; and
``(v) support for individual and systems
advocacy and community involvement; and
``(B) with respect to an entity, program, or
activity, means that the entity, program, or activity--
``(i) is easily accessible to, and usable
by, individuals with disabilities and, when
appropriate, their family members, guardians,
advocates, or authorized representatives;
``(ii) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities
(including individuals from underrepresented
populations and rural populations) and their
family members, guardians, advocates, and
authorized representatives, in--
``(I) decisions relating to the
provision of assistive technology
devices and assistive technology
services to such individuals; and
``(II) decisions related to the
maintenance, improvement, and
evaluation of the comprehensive
statewide program of technology-related
assistance, including decisions that
affect capacity building and advocacy
activities.
``(9) Disability.--The term `disability' means a condition
of an individual that is considered to be a disability or
handicap for the purposes of any Federal law other than this
Act or for the purposes of the law of the State in which the
individual resides.
``(10) Individual with a disability; individuals with
disabilities.--
``(A) Individual with a disability.--The term
`individual with a disability' means any individual of
any age, race, or ethnicity--
``(i) who has a disability; and
``(ii) who is or would be enabled by an
assistive technology device or an assistive
technology service to minimize deterioration in
functioning, to maintain a level of
functioning, or to achieve a greater level of
functioning in any major life activity.
``(B) Individuals with disabilities.--The term
`individuals with disabilities' means more than one
individual with a disability.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1141(a)), and includes a community college receiving
funding under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.), the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801
et seq.), or section 509 of the Rehabilitation Act of
1973; and
``(B) assist individuals with disabilities with
respect to assistive technology devices and assistive
technology services.
``(13) Secretary.--The term `Secretary' means the Secretary
of Education.
``(14) State.--
``(A) In general.--Except as provided in
subparagraph (B), the term `State' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In sections 4(c) and 5(b):
``(i) Outlying area.--The term `outlying
area' means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(ii) State.--The term `State' does not
include the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(15) Targeted individuals.--The term `targeted
individuals' means--
``(A) individuals with disabilities of all ages and
their family members, guardians, advocates, and
authorized representatives;
``(B) individuals who work for public or private
entities (including insurers or managed care
providers), that have contact with individuals with
disabilities;
``(C) educators and related services personnel;
``(D) technology experts (including engineers);
``(E) health and allied health professionals;
``(F) employers; and
``(G) other appropriate individuals and entities.
``(16) Technology-related assistance.--The term
`technology-related assistance' means assistance provided
through capacity building and advocacy activities that
accomplish the purposes described in any of subparagraphs (A)
through (G) of section 2(b)(1).
``(17) Underrepresented population.--The term
`underrepresented population' means a population that is
typically underrepresented in service provision, and includes
populations such as persons who have low-incidence
disabilities, persons who are minorities, poor persons, persons
with limited-English proficiency, older individuals, or persons
from rural areas.
``(18) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest possible
range of functional capabilities, which include products and
services that are directly usable (without requiring assistive
technologies) and products and services that are made usable
with assistive technologies.
``SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE TECHNOLOGY DEVICES
AND ASSISTIVE TECHNOLOGY SERVICES.
``(a) Grants to States.--The Secretary shall award grants, in
accordance with this section, to States to maintain comprehensive
statewide programs of technology related assistance to support programs
that are designed to maximize the ability of individuals with
disabilities and their family members, guardians, advocates, and
authorized representatives to obtain assistive technology devices and
assistive technology services.
``(b) Use of Funds.--
``(1) In general.--
``(A) Required activities.--Except as provided in
subparagraph (C), any State that receives a grant under
this section shall use a portion of the funds made
available through the grant to carry out the activities
described in subparagraphs (A) and (B) of paragraph
(2).
``(B) Discretionary activities.--Any State that
receives a grant under this section may use the funds
made available through the grant to carry out the
activities described in subparagraph (C) or (D) of
paragraph (2).
``(C) Special rule.--Any State in which financial
support for the activities described in subparagraph
(A) or (B) of paragraph (2) is provided from State or
other resources shall not be required to expend the
funds provided under the grant to carry out the
activities described in subparagraph (A) or (B), as the
case may be. Such financial support shall be comparable
to the amount of the grant the State would otherwise
have expended for such activities.
``(2) State-level activities.--
``(A) State finance systems.--The State shall
support activities to increase access to, and funding
for, assistive technology devices and assistive
technology services, including the development of
systems to provide assistive technology devices and
assistive technology services to individuals with
disabilities of all ages, and that pay for such devices
and services, such as--
``(i) the development of systems for the
purchase, lease, other acquisition, or payment
for the provision of assistive technology
devices and assistive technology services; or
``(ii) the establishment of alternative
State or privately funded systems of subsidies
for the provision of assistive technology
devices or assistive technology services, such
as--
``(I) a low-interest loan fund;
``(II) an interest buy-down
program;
``(III) a revolving loan fund;
``(IV) a loan guarantee or
insurance program;
``(V) a program operated by a
partnership among private entities for
the purchase, lease, or other
acquisition of assistive technology
devices or assistive technology
services; or
``(VI) another mechanism approved
by the Secretary.
``(B) Device loan programs.--The State shall
directly, or in collaboration with public or private
entities, carry out device loan programs that support
the short-term loan of assistive technology devices to
individuals, employers, public agencies, public
accommodations, or others seeking to meet the needs of
targeted individuals, including to comply with the
Individuals with Disabilities Education Act, the
Americans with Disabilities Act of 1990, and section
504 of the Rehabilitation Act of 1973.
``(C) Device reutilization programs.--The State
shall directly, or in collaboration with public or
private entities, carry out assistive technology device
reutilization programs that provide for the exchange,
recycling, or other reutilization of assistive
technology devices, which may include redistribution
through device and equipment loans, rentals, or gifts.
``(D) Device demonstration program.--The State
shall directly, or in collaboration with public or
private entities, carry out assistive technology device
demonstration programs that provide for the ability of
targeted individuals to learn about the use and
operation of assistive technology devices.
``(3) State leadership activities.--
``(A) In general.--Any State that receives a grant
under this section may use up to 40 percent of the
funds made available through the grant to carry out the
activities described in subparagraph (B).
``(B) Required activities.--The State shall
support--
``(i) public awareness activities designed
to provide information to targeted individuals
relating to the availability and benefits of
assistive technology devices and assistive
technology services, including--
``(I) the development and
dissemination of information relating
to--
``(aa) the nature of
assistive technology devices
and assistive technology
services;
``(bb) the appropriateness
of, cost of, availability of,
evaluation of, and access to,
assistive technology devices
and assistive technology
services; and
``(cc) the benefits of
assistive technology devices
and assistive technology
services with respect to
enhancing the capacity of
individuals with disabilities
of all ages to perform
activities of daily living;
``(II) the development of
procedures for providing direct
communication between providers of
assistive technology and targeted
individuals, which may include
partnerships with the State and local
workforce investment system established
under the Workforce Investment Act of
1998, State vocational rehabilitation
centers, public and private employers,
or elementary and secondary public
schools; and
``(III) the development and
dissemination, to targeted individuals,
of information about State efforts
related to assistive technology; and
``(IV) the distribution of
materials to appropriate public and
private agencies that provide social,
medical, educational, employment, and
transportation services to individuals
with disabilities.
``(ii) technical assistance and training
on--
``(I) the development of training
materials and the conduct of training
in the use of assistive technology
devices and assistive technology
services;
``(II) providing technical
assistance, including technical
assistance concerning how--
``(aa) to consider the
needs of an individual with a
disability for assistive
technology devices and
assistive technology services
in developing any
individualized plan or program
authorized under Federal or
State law; and
``(bb) to increase consumer
participation regarding
assistive technology devices
and assistive technology
services; and
``(III) the enhancement of the
assistive technology skills and
competencies of--
``(aa) individuals who work
for public or private entities
(including insurers and managed
care providers), who have
contact with individuals with
disabilities;
``(bb) educators and
related services personnel;
``(cc) technology experts
(including engineers);
``(dd) health and allied
health professionals;
``(ee) employers; and
``(ff) other appropriate
personnel; and
``(iii) outreach and support to statewide
and community-based organizations that provide
assistive technology devices and assistive
technology services to individuals with
disabilities or that assist individuals with
disabilities in using assistive technology
devices and assistive technology services,
including a focus on organizations assisting
individuals from underrepresented populations
and rural populations, and further including
support such as outreach to consumer
organizations and groups in the State to
coordinate efforts to assist individuals with
disabilities of all ages and their family
members, guardians, advocates, or authorized
representatives, to obtain funding for, access
to, and information on evaluation of assistive
technology devices and assistive technology
services.
``(C) Authorized activities.--The State may support
the operation and administration of the activities in
paragraph (2), through interagency coordination to
develop and promote the adoption of policies that
improve access to assistive technology devices and
assistive technology services for individuals with
disabilities of all ages in the State and that result
in improved coordination among public and private
entities that are responsible or have the authority to
be responsible, for policies, procedures, or funding
for, or the provision of assistive technology devices
and assistive technology services to, such individuals.
``(4) Indirect costs.--Not more than 10 percent of the
funds made available through a grant to a State under this
section may be used for indirect costs.
``(5) Prohibition.--Funds made available through a grant to
a State under this section shall not be used for direct payment
for an assistive technology device for an individual with a
disability.
``(6) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that it receives under a grant under this section to
carry out any of the activities described in paragraph
(2).
``(B) Special rule.--Notwithstanding paragraph
(3)(A), any State which exercises its authority under
subparagraph (A) may not use more than 30 percent of
the funds made available through the grant to carry out
the activities described in paragraph (3)(B).
``(c) Amount of Financial Assistance.--
``(1) Grants to outlying areas.--From the funds
appropriated under section 8(a) for any fiscal year for grants
under this section, the Secretary shall make a grant in an
amount of not more than $105,000 to each eligible outlying
area.
``(2) Grants to states.--From the funds described in
paragraph (1) that are not used to make grants under paragraph
(1), the Secretary shall make grants to States in accordance
with the requirements described in paragraph (3).
``(3) Calculation of state grants.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall allocate funds to
each State for a fiscal year in an amount that bears
the same ratio as the population of the State bears to
the population of all States.
``(B) Minimum allotment.--A State shall receive an
amount under a grant for a fiscal year that is not less
than the amount the State received under the grant
provided under title I of this Act (as in effect on the
day before the date of the enactment of the Improving
Access to Assistive Technology for Individuals with
Disabilities Act of 2004) for fiscal year 2004.
``(C) Ratable reductions.--
``(i) In general.--If amounts made
available to carry out this section for any
fiscal year are insufficient to meet the
minimum allotment requirement for each State
under subparagraph (B) for such fiscal year,
the Secretary shall ratably reduce such amounts
for such fiscal year.
``(ii) Additional funds.--If additional
funds become available for making payments
described under this subsection for any such
fiscal year, the amounts that were reduced
under clause (i) shall be increased on the same
basis as such amounts were reduced.
``(d) Lead Agency.--
``(1) Designation.--To be eligible to receive a grant under
this section, the Governor of the State shall designate in
accordance with paragraph (2) a lead agency to administer the
grant under this section.
``(2) Eligible entities.--For purposes of paragraph (1),
the Governor of the State may designate one of the following:
``(A) The State agency responsible for the
administration of vocational rehabilitation in the
State.
``(B) A commission, council, or other official body
appointed by the Governor.
``(C) A public-private partnership or consortium.
``(D) A public agency (including the office of the
Governor, a State oversight office, a State agency, a
public institution of higher education, or other public
entity).
``(E) A council established under Federal or State
law.
``(F) An organization described in section
501(c)(3) of Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of that Act.
``(G) Another appropriate office, agency, entity,
or organization.
``(3) Duties of the lead agency.--The duties of the lead
agency shall include--
``(A) submitting the application described in
subsection (e) on behalf of the State;
``(B) administering and supervising the use of
amounts made available under the grant received by the
State under this section;
``(C) (i) coordinating efforts related to, and
supervising the preparation of, the application
described in subsection (e);
``(ii) coordinating, maintaining, and evaluating
the comprehensive statewide program of technology-
related assistance among public agencies and between
public agencies and private entities, including
coordinating efforts related to entering into
interagency agreements; and
``(iii) coordinating efforts, especially efforts
carried out with entities that provide protection and
advocacy services described in section 5, related to
the active, timely, and meaningful participation by
individuals with disabilities and their family members,
guardians, advocates, or authorized representatives,
and other appropriate individuals, with respect to
activities carried out under the grant;
``(D) delegating, in whole or in part, any
responsibilities described in subparagraph (A), (B), or
(C) to one or more appropriate offices, agencies,
entities, or individuals; and
``(E) establishing a partnership or partnerships
with private providers of social, medical, educational,
employment, and transportation services to individuals
with disabilities.
``(4) Change in lead agency.--The Governor may change the
lead agency of the State (to an agency other than the lead
agency of the State as of the date of the enactment of the
Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004) if the Governor provides a
justification in the application to the Secretary for such
action. Nothing in this subsection shall be construed to
require the Governor of a State to change the lead agency of
the State to an agency other than the lead agency of such State
as of the date of the enactment of the Improving Access to
Assistive Technology for Individuals with Disabilities Act of
2004.
``(e) State Application.--
``(1) Submission.--Any State that desires to receive a
grant under this section shall submit to the Secretary an
application at such time and in such manner as the Secretary
may specify.
``(2) Content.--Each application shall contain, at a
minimum, the following information:
``(A) Planned activities.--A description of those
activities described in subsection (b)(2) that the
State will carry out under the grant.
``(B) Measurable goals.--A description of--
``(i) the measurable goals the State has
set for addressing the assistive technology
needs of individuals with disabilities in the
State, including any measurable goals, and a
timeline for meeting such goals, related to--
``(I) education, including goals
involving the provision of assistive
technology to individuals with
disabilities that receive services
under the Individuals with Disabilities
Education Act;
``(II) employment, including goals
involving the State vocational
rehabilitation program carried out
under title I of the Rehabilitation Act
of 1973;
``(III) telecommunication and
information technology; and
``(IV) community living; and
``(ii) how the State will quantifiably
measure the goals to determine whether the
goals have been achieved.
``(C) Involvement of individuals with disabilities
of all ages and their families.--A description of how
individuals with disabilities of all ages and their
families--
``(i) were involved in selecting--
``(I) the goals;
``(II) the activities to be
undertaken in achieving the goals; and
``(III) the measures to be used in
judging if the goals have been
achieved; and
``(ii) will be involved in measuring
whether the goals have been achieved.
``(D) State support.--A description of those
activities described in subsection (b)(2) that the
State will support under the grant, including at a
minimum the State's plans to provide financial support,
consistent with subsection (b)(1), for the activities
described in subparagraphs (A) and (B) of such
subsection.
``(E) Assurance.--An assurance that the physical
location of the entity responsible for conducting the
State activities under this Act meets the requirements
of the Americans with Disabilities Act of 1990
regarding accessibility for individuals with
disabilities.
``(F) Other information.--Such other information as
the Secretary may reasonably require.
``SEC. 5. GRANTS TO STATES FOR PROTECTION AND ADVOCACY RELATED TO
ASSISTIVE TECHNOLOGY.
``(a) Grants to States.--
``(1) In general.--The Secretary shall make a grant to an
entity in each State to support protection and advocacy
services through the systems established to provide protection
and advocacy services under the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) for
the purposes of assisting in the acquisition, utilization, or
maintenance of assistive technology or assistive technology
services for individuals with disabilities.
``(2) Special rule.--Notwithstanding paragraph (1), for a
State that, on the day before the date of the enactment of the
Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004, was described in section 102(a)(2) of
this Act, the Secretary shall make the grant to the lead agency
designated under section 4(d). The lead agency shall determine
how the funds made available under this section shall be
divided among the entities that were providing protection and
advocacy services in that State on that day, and distribute the
funds to the entities. In distributing the funds, the lead
agency shall not establish any further eligibility or
procedural requirements for an entity in that State that
supports protection and advocacy services through the systems
established to provide protection and advocacy services under
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15001 et seq.). Such an entity shall
comply with the same requirements (including reporting and
enforcement requirements) as any other entity that received
funding under paragraph (1).
``(b) Amount of Financial Assistance.--
``(1) Grants to outlying areas and american indian
consortium.--
``(A) Outlying areas.--From the funds appropriated
under section 8(b) for any fiscal year, the Secretary
shall make a grant in an amount of not more than
$30,000 to each eligible system within an outlying
area.
``(B) American indian consortium.--From the funds
appropriated under section 8(b) for any fiscal year,
the Secretary shall make a grant in an amount of not
more than $30,000 to the American Indian Consortium to
provide services in the same manner as an eligible
system described under this section. If the amount
appropriated under section 8(b) for a fiscal year
exceeds the amount appropriated under such section for
the preceding fiscal year, then the amount referred to
in the preceding sentence shall be increased for such
fiscal year by the same percentage as such amount
appropriated under section 8(b) exceeds the amount
appropriated under such section for the preceding
fiscal year.
``(2) Grants to states.--For any fiscal year, after
reserving funds to make grants under paragraph (1), the
Secretary shall make allotments from the remainder of the funds
in accordance with paragraph (3) to eligible systems within
States to support protection and advocacy services as described
in subsection (a). The Secretary shall make grants to the
eligible systems from the allotments.
``(3) Systems within states.--
``(A) Population basis.--Except as provided in
subparagraph (B), from such remainder for each fiscal
year, the Secretary shall make an allotment to the
eligible system within a State of an amount bearing the
same ratio to such remainder as the population of the
State bears to the population of all States.
``(B) Minimums.--Subject to the availability of
appropriations to carry out this section, the allotment
to any system under subparagraph (A) shall be not less
than $50,000, and the allotment to any system under
this paragraph for any fiscal year that is less than
$50,000 shall be increased to $50,000.
``(4) Reallotment.--Whenever the Secretary determines that
any amount of an allotment under paragraph (3) to a system
within a State for any fiscal year will not be expended by such
system in carrying out the provisions of this section, the
Secretary shall make such amount available for carrying out the
provisions of this section to all other systems in the same
proportion such amounts were first allocated to such systems.
``(5) Carryover.--Any amount paid to an eligible system for
a fiscal year under this section that remains unobligated at
the end of such fiscal year shall remain available to such
system for obligation during the subsequent fiscal year, except
that program income generated from such amount shall remain
available for two additional fiscal years and may only be used
to improve the awareness of individuals with disabilities on
the accessibility of assistive technology and assisting such
individuals in the acquisition, utilization, or maintenance of
assistive technology or assistive technology services.
``(c) Report to Secretary.--An entity that receives a grant under
this section shall annually prepare and submit to the Secretary a
report that contains such information as the Secretary may require,
including documentation of the progress of the entity in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access, for individuals
with disabilities, to funding for assistive technology devices
and assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology and assistive technology services for
individuals with disabilities;
``(3) engaging in formal representation for individuals
with disabilities to secure systems change, and in advocacy
activities to secure assistive technology and assistive
technology services for individuals with disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive
technology devices and assistive technology services to which
the individuals with disabilities are entitled under law other
than this Act;
``(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency; and
``(6) effectively allocating carryover funds described in
subsection (b)(5) to improve the awareness of individuals with
disabilities on the accessibility of assistive technology and
assisting them in the acquisition, utilization, or maintenance
of assistive technology or assistive technology services.
``(d) Reports and Updates to State Agencies.--An entity that
receives a grant under this section shall prepare and submit to the
lead agency the report described in subsection (c) and quarterly
updates concerning the activities described in subsection (c).
``(e) Coordination.--On making a grant under this section to an
entity in a State, the Secretary shall solicit and consider the
opinions of the lead agency of the State designated under section 4(d)
with respect to efforts at coordination, collaboration, and promoting
outcomes between the lead agency and the entity that receives the grant
under this section.
``SEC. 6. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--Notwithstanding any other provision
of law, the Rehabilitation Services Administration in the Office of
Special Education and Rehabilitative Services of the Department of
Education shall be responsible for the administration of this Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants pursuant to this Act are
complying with the applicable requirements of this Act and
achieving the quantifiable, measurable goals that are
consistent with the requirements of the grant programs under
which the entities applied for the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under
subsection (d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that
an entity fails to substantially comply with the requirements
of this Act or to substantially make progress towards meeting
the goals established under section 4(e)(2)(B) with respect to
a grant program, the Secretary shall assist the entity through
technical assistance funded under section 7 or other means,
within 90 days after such determination, to develop a
corrective action plan.
``(2) Sanctions.--An entity that fails to develop and
comply with a corrective action plan as described in paragraph
(1) during a fiscal year shall be subject to one of the
following corrective actions selected by the Secretary:
``(A) Partial or complete withholding of funds
under the grant program until such plan is developed
and implemented.
``(B) Reduction in the amount of funding that may
be used for indirect costs under section 4(b)(4) for
the following year under the grant program.
``(C) Required redesignation of the lead agency
designated under section 4(d) or an entity responsible
for administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are found to be in
noncompliance with the requirements of this Act or have not
substantially made progress towards meeting the goals
established under section 4(e)(2)(B).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe
each such action taken under paragraph (1) or (2) and the
outcomes of each such action.
``(5) Public notification.--The Secretary shall notify the
public by posting on the Internet website of the Department of
Education of each action taken by the Secretary under paragraph
(1) or (2). As a part of such notification, the Secretary shall
describe each such action taken under paragraph (1) or (2) and
the outcomes of each such action.
``(d) Annual Report.--
``(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare, and submit to the President and to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, a report on the activities funded
under this Act to improve the access of individuals with
disabilities to assistive technology devices and assistive
technology services.
``(2) Contents.--Such report shall include information on--
``(A) the type of alternative financing mechanisms
used by each State under the program;
``(B) the amount and type of assistance given to
consumers (who shall be classified by age, type of
disability, type of assistive technology device or
assistive technology service financed through the
program, geographic distribution within the State,
gender, and whether the consumers are part of an
underrepresented population or rural population),
including--
``(i) the number of applications for
assistance received;
``(ii) the number of applications approved
and rejected;
``(iii) the default rate;
``(iv) the range and average interest rate;
``(v) the range and average income of
approved loan applicants; and
``(vi) the types and dollar amounts of
assistive technology financed;
``(C) the number, type, and length of time of loans
of assistive technology devices provided to individuals
with disabilities, employers, public agencies, or
public accomodations, including an analysis of the
individuals with disabilities who have benefited from
the device loan program;
``(D) the number, type, estimated value, and scope
of device reutilization programs, including an analysis
of the individuals with disabilities that have
benefited from the device loan program;
``(E) the number and type of equipment
demonstrations provided, including an analysis of
individuals with disabilities who have benefited from
the program;
``(F) a summary of the State plans and annual
reports submitted by the States, including an analysis
of the progress of the States in meeting their goals
established in the State application;
``(G) the number of individuals who received
training and the topics of such training;
``(H) the frequency and nature of technical
assistance provided to State and local governmental
agencies and other entities; and
``(I) the outcomes of interagency coordination and
collaboration activities carried out by the State, as
applicable, that support access to assistive technology
including the type, purpose, and source of leveraged
funding or other contributed resources from public and
private entities.
``(e) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or a State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
``SEC. 7. NATIONAL ACTIVITIES.
``(a) In General.--Through grants, contracts, or cooperative
agreements, awarded on a competitive basis, the Secretary is authorized
to provide technical assistance to entities, principally entities
funded under section 4 or 5.
``(b) Input.--In designing the program to be funded under this
section, and in deciding the differences in function between national
and regionally based technical assistance efforts carried out through
the program, the Secretary shall consider the input of the directors of
comprehensive statewide programs of technology-related assistance and
other individuals the Secretary determines to be appropriate,
especially--
``(1) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
``(2) family members, guardians, advocates, and authorized
representatives of such individuals; and
``(3) individuals employed by protection and advocacy
systems funded under section 5.
``(c) Authorized Activities.--The Secretary shall support
activities designed to maximize the impact and benefit of assistive
technology devices and assistive technology services for individuals
with disabilities, including the following activities:
``(1) National public internet site.--
``(A) Establishment of internet site.--The
Secretary shall fund the establishment and maintenance
of a National Public Internet Site for the purposes of
providing to individuals with disabilities and the
general public technical assistance and information on
increased access to assistive technology devices,
assistive technology services, and other disability-
related resources.
``(B) Eligible entity.--To be eligible to receive a
grant or enter into a contract or cooperative agreement
under subsection (a) to establish and maintain the
Internet site, an entity shall be an institution of
higher education that emphasizes research and
engineering, has a multidisciplinary research center,
and has demonstrated expertise in--
``(i) working with assistive technology and
intelligent agent interactive information
dissemination systems;
``(ii) managing libraries of assistive
technology and disability-related resources;
``(iii) delivering education, information,
and referral services to individuals with
disabilities, including technology-based
curriculum development services for adults with
low-level reading skills;
``(iv) developing cooperative partnerships
with the private sector, particularly with
private sector computer software, hardware, and
Internet services entities; and
``(v) developing and designing advanced
Internet sites.
``(C) Features of internet site.--The National
Public Internet Site described in subparagraph (A)
shall contain the following features:
``(i) Availability of information at any
time.--The site shall be designed so that any
member of the public may obtain information
posted on the site at any time.
``(ii) Innovative automated intelligent
agent.--The site shall be constructed with an
innovative automated intelligent agent that is
a diagnostic tool for assisting users in
problem definition and the selection of
appropriate assistive technology devices and
assistive technology services resources.
``(iii) Resources.--
``(I) Library on assistive
technology.--The site shall include
access to a comprehensive working
library on assistive technology for all
environments, including home,
workplace, transportation, and other
environments.
``(II) Resources for a number of
disabilities.--The site shall include
resources relating to the largest
possible number of disabilities,
including resources relating to low-
level reading skills.
``(iv) Links to private sector resources
and information.--To the extent feasible, the
site shall be linked to relevant private sector
resources and information, under agreements
developed between the institution of higher
education and cooperating private sector
entities.
``(D) Minimum library components.--At a minimum,
the Internet site shall maintain updated information
on--
``(i) how to plan, develop, implement, and
evaluate activities to further extend
comprehensive statewide programs of technology-
related assistance, including the development
and replication of effective approaches to--
``(I) providing information and
referral services;
``(II) promoting interagency
coordination of training and service
delivery among public and private
entities;
``(III) conducting outreach to
underrepresented populations and rural
populations;
``(IV) mounting successful public
awareness activities;
``(V) improving capacity building
in service delivery;
``(VI) training personnel from a
variety of disciplines; and
``(VII) improving evaluation
strategies, research, and data
collection;
``(ii) effective approaches to the
development of consumer-controlled systems that
increase access to, funding for, and awareness
of, assistive technology devices and assistive
technology services;
``(iii) successful approaches to increasing
the availability of public and private funding
for and access to the provision of assistive
technology devices and assistive technology
services by appropriate State agencies; and
``(iv) demonstration sites where
individuals may try out assistive technology.
``(2) Technical assistance efforts.--The Secretary shall,
on a competitive basis, make grants to, or enter into
cooperative agreements with, eligible entities--
``(A) to address State-specific information
requests concerning assistive technology from other
entities funded under this Act and public entities not
funded under this Act, including--
``(i) requests for state-of-the-art, or
model, Federal, State, and local laws,
regulations, policies, practices, procedures,
and organizational structures, that facilitate,
and overcome barriers to, funding for, and
access to, assistive technology devices and
assistive technology services;
``(ii) requests for examples of policies,
practices, procedures, regulations, or judicial
decisions that have enhanced or may enhance
access to funding for assistive technology
devices and assistive technology services for
individuals with disabilities;
``(iii) requests for information on
effective approaches to Federal-State
coordination of programs for individuals with
disabilities, related to improving funding for
or access to assistive technology devices and
assistive technology services for individuals
with disabilities of all ages;
``(iv) requests for information on
effective approaches to the development of
consumer-controlled systems that increase
access to, funding for, and awareness of,
assistive technology devices and assistive
technology services;
``(v) other requests for technical
assistance from other entities funded under
this Act and public entities not funded under
this Act; and
``(vi) other assignments specified by the
Secretary, including assisting entities
described in section 6(b) to develop corrective
action plans; and
``(B) to assist targeted individuals by
disseminating information about--
``(i) Federal, State, and local laws,
regulations, policies, practices, procedures,
and organizational structures, that facilitate,
and overcome barriers to, funding for, and
access to, assistive technology devices and
assistive technology services, to promote
fuller independence, productivity, and
inclusion in society for individuals with
disabilities of all ages; and
``(ii) technical assistance activities
undertaken under subparagraph (A).
``(d) Eligible Entities.--To be eligible to compete for grants,
contracts, and cooperative agreements under this section, entities
shall have documented experience with and expertise in assistive
technology service delivery or systems, interagency coordination, and
capacity building and advocacy activities.
``(e) Application.--To be eligible to receive a grant, contract, or
cooperative agreement under this section, an entity shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``(a) State Grants for Assistive Technology; National Activities.--
There are authorized to be appropriated to carry out sections 4 and 7
of this Act $21,524,000 for fiscal year 2005 and such sums as may be
necessary for each of fiscal years 2006 through 2010. Of the amount
appropriated pursuant to the authorization of appropriations under this
subsection for a fiscal year, not more than $1,235,000 may be made
available to carry out section 7 of this Act.
``(b) State Grants for Protection and Advocacy.--There are
authorized to be appropriated to carry out section 5 of this Act
$4,419,000 for fiscal year 2005 and such sums as may be necessary for
each of fiscal years 2006 through 2010.''.
Passed the House of Representatives June 14, 2004.
Attest:
Clerk.
108th CONGRESS
2d Session
H. R. 4278
_______________________________________________________________________
AN ACT
To amend the Assistive Technology Act of 1998 to support programs of
grants to States to address the assistive technology needs of
individuals with disabilities, and for other purposes.